Direct answer
Many condo renovations need both. The association’s approval comes from the declaration of condominium, the association’s rules, and Chapter 718 of the Florida Statutes. The building permit comes from the city or county building official under the Florida Building Code. One does not replace the other. Some building departments ask for the association’s approval letter as part of the permit application. Hollywood’s kitchen and bathroom checklist is one example.
Disclaimer
This article is general information about permitting and code-enforcement processes. It is not legal advice, not a substitute for advice from a Florida-licensed attorney, and not a guarantee of any result, timeline, or fee. Permit Busters, LLC is not a law firm and does not appear as your legal representative. Building and code rules vary by county and municipality and can change. Confirm current requirements, forms, and fees with the building or code office that has jurisdiction over the property, and consult a Florida attorney and, where construction work is required, a Florida-licensed contractor.
Este artículo es información general sobre procesos de permisos y cumplimiento del código. No es asesoramiento legal, no sustituye el consejo de un abogado con licencia en Florida y no garantiza un resultado, un plazo ni un costo. Permit Busters, LLC no es un bufete de abogados y no comparece como su representante legal. Las normas de construcción y de código varían según el condado y el municipio y pueden cambiar. Confirme los requisitos, formularios y tarifas vigentes con la oficina de construcción o de código que tenga jurisdicción sobre la propiedad, y consulte a un abogado de Florida y, cuando se requiera obra, a un contratista con licencia en Florida.
Two approvals, two purposes
| Association approval | Building permit | |
|---|---|---|
| Who gives it | The condominium association, as its documents provide | The building official for the city or county that has jurisdiction |
| What it covers | The association’s rules, the declaration, and effects on the building and common elements | Compliance with the Florida Building Code and local building rules |
| Where the rules come from | The declaration, bylaws, rules, and Chapter 718 | The Florida Building Code, s. 553.79, and local amendments |
Association approval is the client’s responsibility.
What Florida law says about the association’s role
Section 718.113 of the Florida Statutes includes two rules that matter for renovations:
- No harm to common elements. Under section 718.113(3), a unit owner shall not do anything within the unit or on the common elements that would adversely affect the safety or soundness of the common elements or other property the association maintains.
- Material alterations of common elements. Under section 718.113(2)(a), material alterations or substantial additions to the common elements must be approved in the manner the declaration provides. If the declaration does not specify a procedure, 75 percent of the total voting interests must approve before the work starts.
Many renovations stay inside the unit, but walls, plumbing stacks, balconies, and windows may involve common elements or limited common elements under your declaration. Read your condo documents, and ask the association what it needs before you design the work. Questions about what your documents mean should go to a Florida attorney.
What the building department controls
The permit question depends on the scope of work. Miami-Dade’s permit exemption page, for unincorporated areas, says replacing kitchen cabinets, vanities, or paneling inside residential units in the same configuration is not regulated by the Florida Building Code. It adds that any plumbing, ventilation, or electrical work that is relocated, reconfigured, or altered requires a building permit. Florida’s newer small-job exemption does not help most condo owners. Miami-Dade says units in multi-family buildings do not qualify, and the exemption never covers electrical, plumbing, structural, mechanical, or gas work.
Cities have their own lists, so ask the building official before you treat any part of the job as exempt. If signed and sealed plans are required, they must be prepared by a Florida-licensed engineer or architect. Permit Busters, LLC can help coordinate that step.
Paperwork building departments ask for
- Association approval letter. Hollywood’s kitchen and bathroom renovation checklist asks for an association approval letter, or an affidavit of awareness of the homeowners’ association, for the scope of work. Hollywood’s water heater checklist asks for an HOA or condo association letter, if applicable.
- Owner-builder limits. Florida’s general owner-builder exemption, section 489.103(7)(a)1, lists one- and two-family residences, farm outbuildings, and commercial buildings, not individual condominium units. A separate provision, section 489.103(7)(a)4, lets a unit owner finish a permit that the listed contractor substantially completed, with the permitting agency’s approval first. Hollywood says the owner-builder option does not apply to work in condominiums. Ask the issuing department before you apply.
- Notice of Commencement and trade permits, depending on the job value and the work.
A practical order of steps
- Read the declaration and rules, and ask the association for its renovation application.
- Confirm which building department has jurisdiction. See Which Department Issues Your South Florida Permit.
- Get the association’s approval in writing for the exact scope.
- Apply for the permits the scope needs, with the association letter if the department asks for it.
- Pass inspections and close the permit, so it does not expire. See How to Keep a Florida Building Permit From Expiring.
Get help with a condo renovation permit
Permit Busters, LLC can help you find out what the issuing department requires, assemble the permit application, and track it through inspections. See condo renovation permits, residential permits, and city pages for Hollywood, Miami Beach, Aventura, and Sunny Isles Beach. Approval always rests with the city or county. Call (954) 616-5823, email info@permitbusters.com, or book an appointment. Hours are Monday through Friday, 9 AM to 5 PM. Permit Busters, LLC is based in Lauderhill, FL 33351.
FAQ
Do I need both condo association approval and a building permit?
Often, yes. Association approval comes from your condo documents and Chapter 718, and the building permit comes from the city or county under the Florida Building Code. One does not replace the other. Association approval is the client’s responsibility.
Will the building department ask for my association’s approval?
Some do. Hollywood’s kitchen and bathroom renovation checklist asks for an association approval letter, or an affidavit of awareness of the homeowners’ association, for the scope of work. Ask the department that will issue your permit.
Can I renovate my condo kitchen without a permit?
Sometimes, for limited work. Miami-Dade says replacing kitchen cabinets inside a residential unit in the same configuration is not regulated by the building code, but relocated or altered plumbing, ventilation, or electrical work requires a permit. Cities have their own rules.
What can’t a condo owner do during a renovation?
Florida law says a unit owner shall not do anything within the unit or on the common elements that would adversely affect the safety or soundness of the common elements or other property the association maintains. This is general information, not legal advice.
Can a condo owner pull their own permit as an owner-builder?
Generally not. Florida’s general owner-builder exemption does not list individual condominium units, and Hollywood says the owner-builder option does not apply to work in condominiums. A narrow exception lets a unit owner finish a permit the listed contractor substantially completed, if the permitting agency approves first. Ask the issuing department before you apply.